On The Combination Of Litigation And Conciliation Mechanism In China

Since the new century, with the rapid development of economy and culture in China, Chinese people’s way of life and work environment has undergone great changes. Under such circumstances, some new situations and new problems will appear which exist with the continuous change of social existence and have its own characteristics. These problems are not just society forms. How to solve the problem doesn’t just depend on single mechanism. People have to try to explore more ways to solve the contradiction. The traditional litigation model asks for mechanism of diversification, established by a variety of different ways depending on the problem of multi-level, multi-angle dispute solution mechanism in in front of people,"" docking litigation and conciliation emerges as times require. The same situation also appears in America and some developed western countries several decades ago. They gradually establish a perfect procedure of external dispute resolution method."Docking litigation and Conciliation" mechanism is essentially the coordination of traditional ways and new ways of solving disputes. Its essence is the same as the court-annexed ADR in the developed countries. In those developed countries where they have more valid legal systems,"the establishment of docking litigation and conciliation needs three basic ideas:concept, function of the court mediation and litigation in diversification development concept, the idea of solving diversified dispute. The establishment and improvement of "Docking litigation and Conciliation" is of great importance to solving social contradictions and maintaining social stability in the new situation.Although "docking litigation and conciliation" already had its legal basis, in the judicial circle of our country it is still a relatively new concept. The Supreme People’s court has not given it a unified and authoritative definition, which requires us to take the conditions of China into account, learn from the western practice and the essence of China’s traditional legal system, and define the concept of "docking litigation and Conciliation" mechanism. At present the organizations are mainly set up in court, grass-roots and some professional mediation organizations. There are a variety of ways to carry out it, especially after the release of new civil procedure law, provisions on the mediation mechanism are more clear and perfect.As a new thing,"docking litigation and Conciliation" mechanism will meet a lot of problems in our country inevitably. At present our country "docking litigation and Conciliation" mechanism is not perfect in specific legal action, the lack of normative operation mechanism, the lack of protection of rights and interests of the parties, unequal effectiveness of the conciliation agreement and so on. At the same time, the concept of "docking litigation and Conciliation" is unfamiliar to most people. All these make "docking litigation and Conciliation" mechanism difficult to promote. Only when we let this mechanism work in the social practice and help to resolve social disputes, and bring great benefits to the public, can "docking litigation and conciliation" give full play to its shunting procedure peak and saving judicial resources.In developed countries the court-annexed mediation legislation is already quite mature. However, China is a country with traditional mediation, but it has obvious lag in the realistic background and the context of law. So we need to refer to some legislative documents and its operation mode in developed countries, combined with the problems we met during the current practice of "docking litigation and Conciliation" to find a reasonable solution. After reading a lot of literature, the author believes that we must first establish a reasonable diversion mechanism and resolve most of the simple and less controversial cases in the procedure to reduce the pressure the court will take. Meanwhile, by making a series of process settings,"docking litigation and conciliation" will be made standard. Finally, how to protect the relief channel of the litigants also needs to be paid attention to.